What is the Office of the Children’s Lawyer (OCL)?

The Office of the Children’s Lawyer (OCL) is a division of the Ministry of the Attorney General of Ontario. The OCL represents children who are under age 18 in litigation involving custody, access, child protection, estates, trusts, and civil litigation.

Under section 89 of the Courts of Justice Act, a lawyer from the OCL may be appointed to represent a child’s legal interests in a custody or access proceeding.

Pursuant to section 112 of the Courts of Justice Act, a clinical investigator, who is usually a social worker, may make an investigation as to the views and preferences of the child(ren) with respect to a custody or access proceeding.

Even if a Court requests their appointment, the OCL may decline to become involved based on their intake criteria. The OCL may not accept involvement in the following situations:

1. “The child resides outside of Ontario;
2. The child and/or either parent/party does not reside where the action is being conducted;
3. There is an outstanding or anticipated order for assessment or mediation, or an assessment or mediation is pending;\
4. An assessment has been completed about custody and access in the year preceding the request;
5. A review of the case history indicates that there have been multiple assessments or protracted litigation with little possibility of resolution;
6. There are serious mental health concerns with respect to either parent and/or child, and a mental health assessment has not been undertaken or completed;
7. Support and/or property issues are the primary concerns and the custody and access arrangements have been relatively stable for an appreciable period of time;
8. The primary purpose is to obtain evidence to further the litigation;
9. Other resolution efforts should have occurred and have not been attempted;
10. The child's situation would not be improved (i.e. where the issue is "joint" v. "sole" custody, or where an unrealistic time-sharing plan is being sought, or an applicant seeks to change custody to resolve an access problem, or both parties reside in the matrimonial home etc.);
11. (a) One or both parties allege abuse and/or neglect and the local Children's Aid Society (CAS) is investigating or should be asked under the Child and Family Services Act to investigate the allegations; or, (b) The CAS is or has been involved and has taken a position as to the custody/access arrangements;
12. Updating the Children's Lawyer's Report that has been served and filed in court under section 112 of the Courts of Justice Act.” (source: https://www.attorneygeneral.jus.gov.on.ca/english/family/ocl/intake.php)

Should you wish to reach a family lawyer at Krol & Krol, telephone 905.707.3370 today.